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Name: People v. Miller
Case #: G031747
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/26/2004
Subsequent History: mod. 12/6/04; revw. den. 2/16/05

Appellant contended that the evidence seized pursuant to a probation search had to be suppressed because his guilty plea was vacated, albeit after the search was conducted. The guilty plea was vacated upon appellant’s motion, because he was not adequately advised concerning a registration requirement. The trial court rejected the suppression motion because there was a valid grant of probation effective on the day of the search. Appellant claimed that he did not give his advance consent to the search because his waiver was not “voluntary;” but based on a promise he would not have to register. The appellate court here rejected the argument. There was nothing the searching officers could have reasonably done in advance of their search that would have put them on notice that appellant’s search and seizure waiver was anything but valid. Their good faith reliance on that probation condition rendered the fruits of the search admissible.